| Halberstam v Halberstam |
| Motion No: 2015-00614 |
| Slip Opinion No: 2015 NY Slip Op 64292(U) |
| Decided on February 19, 2015 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M187701
E/sl
WILLIAM F. MASTRO, J.P.
CHERYL E. CHAMBERS
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
|
2015-00614, 2015-00616 Esther Halberstam, respondent, v Michael B. Halberstam, appellant. (Index No. 54132/12)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to stay the trial in the above-entitled action as well as enforcement of two orders of the Supreme Court, Kings County, dated November 5, 2014, and November 25, 2014, respectively, pending hearing and determination of appeals from the orders, and for poor person relief, including leave to prosecute the appeals on the original papers.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal from the order dated November 5, 2014 (Appellate Division Docket No. 2015-00614), is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic insofar as it relates to the order dated November 5, 2014, and the motion is otherwise denied.
MASTRO, J.P., CHAMBERS, AUSTIN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court